CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/DHA-3/8 affecting De Havilland DHA-3 (Drover) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHA-3/8. The cancellation will become effective on 20 November 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it establishes the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. The Act is designed to address the need for a robust legislative foundation to manage the complex and dynamic environment of civil aviation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, allows CASA to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. These directives are essential tools for maintaining safety standards and comply with international obligations under the Convention on International Civil Aviation. The AD cancellation for De Havilland DHA-3 (Drover) model aeroplanes, as detailed in the explanatory statement, reflects CASA’s commitment to fulfilling its international obligations and maintaining the highest safety standards in Australian civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory power is exercised to maintain and enhance the safety standards of aircraft and aeronautical products within Australian jurisdiction. An airworthiness directive is considered a disallowable instrument under the Acts Interpretation Act 1901 and constitutes a legislative instrument as per the Legislative Instruments Act 2003. The ADs serve as a means of ensuring continuing airworthiness, a responsibility that falls upon the State of Design and State of Registry of an aircraft, in line with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues Australian ADs as necessary. The issuance, assessment, and cancellation of ADs, such as the cancellation of AD/DHA-3/8 for De Havilland DHA-3 (Drover) model aeroplanes, are integral to fulfilling these international and domestic obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, and are thus disallowable. Annex 8 to the Convention on International Civil Aviation places the responsibility for the continuing airworthiness of an aircraft type on the State of Design, which must provide necessary information to ensure the airworthiness of the aircraft to the States of Registry. The State of Registry, in turn, must establish requirements to maintain the continuing airworthiness of individual aircraft.
Under these provisions, CASA, as Australia’s national airworthiness authority, must review ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the design state’s requirements. This process ensures that Australian aircraft meet international safety standards. CASA has already cancelled Australian AD/DHA-3/8, which affected De Havilland DHA-3 (Drover) model aeroplanes, as the unsafe condition it addressed no longer exists. The cancellation of this AD, in line with Australia’s obligations under the Convention on International Civil Aviation, was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, under subsection 84A(2) of the Act.
Entities governed by the Act must adhere to the ADs issued by CASA to maintain the airworthiness of their aircraft. This includes ensuring compliance with the directives, which may involve inspections, repairs, or modifications. Failure to comply with an AD can lead to serious safety risks and may result in the grounding of the affected aircraft. CASA may take enforcement actions against non-compliance, which could include fines, legal action, or other regulatory measures. The specific consequences and penalties for non-compliance are determined by the severity of the breach and are subject to the provisions of the Civil Aviation Act 1988 and related regulations.